IN - Abby & Libby - The Delphi Murders - Richard Allen Arrested - #169

[Emma Peel]

Public defenders listen to community at forum

Lebrato was suspended briefly this year from his salaried position after someone anonymously alleged he was not spending enough time doing his job, officials have said.

A low-info non-inflammatory explanation of Lebrato's suspension.

 

[zh0r4]

New article by Russ McQuaid

Delphi double murder trial in disarray due to defense challenge of judge

CARROLL COUNTY, Ind. — Last week, after two hours behind closed doors in her office, Special Judge Fran Gull announced to a packed courtroom in Fort Wayne that the attorneys representing…

fox59.com

“I’ve never seen a defendant treated this way,” said veteran Indianapolis Defense Attorney John Tompkins who is not affiliated with the Delphi case. ”The attorneys are having to go through some extraordinary circumstances themselves but the criminal justice system is about the people charged with a crime and in America, the criminal justice system stands for treating them fairly and giving them a fair trial and a fair day in court.”
<snip>
“Was there a statement by the Court that these concerns of the Court, apparently very serious, would be made public, would be aired nationally would be aired in a public courtroom where apparently there was a comment that law enforcement was present?” asked Tompkins. “I don’t know what that was intended to convey to the defense. It sounds like a veiled threat possibly.”
<snip>
”It cannot be a ruling on their request to withdraw because they did not file a written request to withdraw,” said Tompkins. ”It has to be a part of the official docketing system, so saying it in open court would have to be followed up by written memorialization which means file motions with orders granting those motions.”
<snip>
”If there was a recording by the court reporter, then there will be an official transcript of the in-chambers conference,” said Tompkins. ”Even if the court is correct in their concern, the procedure that was followed seems questionable at best.”
<snip>
”The way this was done with not just near zero warning to the defense attorneys, Allen has to make an informed decision with whether he wants to go forward with these attorneys and the Court’s actions completely eliminated his ability to do that,” said Tompkins. ”Those are not hallmarks of respecting Mr. Allen’s rights to a fair trial, to competent prepared counsel and to the counsel of his choice.

Tompkins added that Rozzi’s motion to have Judge Gull disqualified would be heard by the judge herself.

”It does not have to be in open court. There should be a written ruling addressing all of the reasons in the defense motion as to why she should recuse herself but it doesn’t not have to be in open court,” he said. ”The trial court judge determines whether the motion to excuse her and recuse herself makes her own determination. It is reviewable on appeal.”

Delphi double murder trial in disarray due to defense challenge of judge

CARROLL COUNTY, Ind. — Last week, after two hours behind closed doors in her office, Special Judge Fran Gull announced to a packed courtroom in Fort Wayne that the attorneys representing…

fox59.com

 

[FrostedGlass]

I assume there is proof Judge Gull tampered with the dockets (for legal purposes)? Is the video of her canceling the hearing and saying she expects Rozzi to put in a letter of resignation within the next couple of days proof?

I don't know how that could be proven. She could say she signed it but wanted to wait for a few days to mull over a couple of her decisions before filing it.

I only know real estate but it was always a rush to file agreements as soon as papers were signed. In this case, some of the motions in the doc dump had noticeable time delays in filings. I couldn't imagine someone leaving signed docs laying around without filing them; but that might depend on what they are.

 

[MistyWaters]

I assume there is proof Judge Gull tampered with the dockets (for legal purposes)? Is the video of her canceling the hearing and saying she expects Rozzi to put in a letter of resignation within the next couple of days proof?

R claimed the judge forced his withdrawal prior to the hearing so what does it matter if he followed it up in writing or not?

Effective October 19/23 he was gone.

Judge grants 2 new court-appointed attorneys for Richard Allen, dismisses filings from former attorney

The trial for the suspect in the Delphi murders case was expected to start Jan. 8, 2024.

www.wthr.com

“DELPHI, Ind. — One of the two attorneys who represented Delphi murders suspect Richard Allen is claiming the judge forced their withdrawal prior to a hearing in Allen County.

An order by Judge Frances Gull was entered into record Oct. 19 — after the hearing — in which she ordered defense attorneys Bradley Rozzi and Anthony Baldwin withdrawn from the case. She then ordered the clerk to remove them as attorneys of record in the case.”

 

[zh0r4]

What purpose does juvenile attacks against LE serve?

I am pro-LE, family in LE. These are not “juvenile attacks against LE”, but legitimate observations about unprofessional behavior and potential corruption within the system in CC. Potential corruption needs to be talked about because it disrespects and devalues the majority of LE who truly care about justice, integrity, and the law. JMO.

 

[zh0r4]

Both new attorneys are out of Fort Wayne, IN.

One has a website:
Attorney | Robert Scremin Law Office | Fort Wayne

-Judge Gull violates 6th Amendment right to counsel and Indiana Code of Judicial Conduct numerous ways including removing defense counsel with no legal filings.
-Judge Gull now picks RA’s new defense.
-Presumably, this is all not to RA’s advantage, or in the name of justice for the victims.
-If the state had a strong case against RA they would have no problem being transparent and allowing Rozzi to represent his client.
-If LE had strong evidence against RA they would have zero need to withhold any information.
-Now RA will be “defended” by those hand picked by the exact people his attorneys claimed are violating his rights.

Mfw wondering if there’s a local corruption cult instead of an Odinist cult?

JMO.

 

[LaurelTedytamer]

I’m not the brightest person in real life but I like to follow the rules in life.

I want justice for Abby and Libby.
I want a fair trial for RA.

I understand that Baldwin’s office was responsible for a major leak. The Judge needed to enter the evidence and remove him. What evidence does the Judge have against Rozzi? If she does enter the evidence then remove him. Don’t do it in secrecy and threats … which is how it appears. RA still wants Rozzi. All this in secret chamber meetings and not showing what was said stinks of bias in my opinion.

I understand gag orders to protect the girls families concerning details, but when it’s the removal of a defense counsel surely you do everything in open court to show the defendant is getting a fair trial.

 

[mrjitty]

LMAO!!!

Rozzi: 'You can't fire me, I fire you...'

Gull: 'You can't fire me, I fired you first...'

[...Gull allegedly goes and retrospectively changes the court record and inserts her own filing AFTER Rozzi had filed his motion of continuance and request to DQ J Gull].

Like I said a few days back - J Gull effectively set up an ambush by not following proper procedure (no notice of intention or evidence to force D withdrawal, reading from a pre-prepared statement in chambers - already deciding before any hearing/ discussion etc) for a contempt hearing (which she should well know) and inviting the media and LE to instead sandbag the D. Sorry no matter what you think of the D and the leak (inexcusable and very sloppy) I'm afraid two wrongs don't make a right here.

Also said that J Gull was going Suo Moto and that legal bods I speak with felt she was making it up as she went along. Again, this is not normal and it is not okay. It has nothing to do with the D! They are not making her choose to do things this way.

Has there ever been another case where the J sends an email to D saying 'cease and desist representation of the accused upon my order' without any hearing, evidence or process...? Like the one that J Gull sent to D on Oct 12th? (Hmmm, significant date, I wonder..)

Well, like him or not Rozzi is within his rights to call this out and draw attention to it. I mean, its a major risk on his part and takes big balls to come out swinging against a J who has just tried to 'illegally' get D counsel off the case and prejudicing RAs right to counsel. J's have powers but they still have to follow the rule of law in doing so.

This is not a matter of whether you've decided that RA is guilty or not. It is not a matter of whether you like the D team or not. It has nothing to do with the conduct of the D team nor the investigation into the recent leak of CS photos. All these things can be dealt with - appropriately and properly, and without conflation.

This is about the conduct of a J who rather than try to get the case under some kind of order, has instead been alleged to illegally conspired to remove RA's appointed D from the case. This is about a J who has then been alleged to have tried to change the court record to reflect her preferred sequence of events and distort the record accordingly! This is a J who appears to have made improper comments about the D strategy and their pleadings - sorry you can't do that. It also helps with the process and smooth running of a trial if the J responds in good time to motions and IMO it appears as if J Gull is dragging her feet for some reason.

Anyone can go and read the two filings from Rozzi and you can reflect on these considerations carefully - or you can seek to dismiss them off hand as more 'D misconduct/ unprofessionalism' if that suits your own preconceptions. The J's alleged misconduct is not the fault of the D, its on her if proven out - let the truth come forward as it will.

If a J is unhappy with the conduct of a D then there are laid out procedures to follow. Which were apparently not followed. Why did J Gull not report/ make a formal complaint to the disciplinary committee? Instead it appears that non-prescribed steps falling outside the code governing J actions were pursued.

IMO It will be very difficult for objective parties to review the J's alleged actions and consider them to be appropriately impartial and not prejudiced against the D (reasons unknown).

Prediction one: Gull is not going to recuse herself in the first instance, in response from a direct challenge from Rozzi.

Prediction two: The superior J of CC is going to have a fit when they gets hold of the DQ request! I imagine Gull's bench peers are going to have a few things to say about this. We might IMO see Gull recuse at a later date after some friendly advice.

Prediction three: If Gull chooses to continue and Rozzi cannot be forced off D then the trial is going to be a disaster in terms of impartiality and fairness and the court opens itself up to lots of problems down the line. I just can't see it proceeding on this basis - one or both will have to go IMO.

Prediction four: None of this is going to convince those parties who are adamant that everything is the D fault! I predict even more commentary and keyboarding from this direction lol!

Justice in this case keeps moving further away out of sight.

I mostly agree with the first part of your post

The judge was well within her rights to remove counsel based on what we know. Baldwin certainly should have resigned.

But the judge simply can’t conduct sanctions in this manner. Even if the defence is being disingenuous that simply illustrates why you have to hold a public hearing and not try to railroad them out in secret hearings.

Now it looks very very bad and it is the judge’s responsibility to ensure justice is seen to be done.

Counsel need to replace ASAP and judge Gull should recuse.

 

[zh0r4]

Public defenders listen to community at forum


A low-info non-inflammatory explanation of Lebrato's suspension.

“The audience at The Temple, a nondenominational church, appeared eager to further diversify the public defender’s office, which was mostly represented by white panelists.” …… *coughs*

<snip>

Those concerns included questions about whether local public defenders zealously represent clients as opposed to recommending plea deals. Some comments centered on the systemic lack of equity in sentencing, based on race.

Lebrato was suspended briefly this year from his salaried position after someone anonymously alleged he was not spending enough time doing his job, officials have said.

Paulette Nellems, a Democrat running for the Allen County Council District 1 seat in November, pressed the panel for details.

“I feel like we have a right to know,” she said, adding it creates a sense of distrust, especially when the jail is filled with “more people who look like us.”

Public defenders listen to community at forum

The local NAACP branch hosts a community forum aimed at rebuilding trust in William Lebrato, the county’s chief public defender and his team.

www.journalgazette.net

 

[MistyWaters]

I am pro-LE, family in LE. These are not “juvenile attacks against LE”, but legitimate observations about unprofessional behavior and potential corruption within the system in CC. Potential corruption needs to be talked about because it disrespects and devalues the majority of LE who truly care about justice, integrity, and the law. JMO.

It’s unproven opinions from the Ex-D.

 

[MistyWaters]

I’m not the brightest person in real life but I like to follow the rules in life.

I want justice for Abby and Libby.
I want a fair trial for RA.

I understand that Baldwin’s office was responsible for a major leak. The Judge needed to enter the evidence and remove him. What evidence does the Judge have against Rozzi? If she does enter the evidence then remove him. Don’t do it in secrecy and threats … which is how it appears. RA still wants Rozzi. All this in secret chamber meetings and not showing what was said stinks of bias in my opinion.

I understand gag orders to protect the girls families concerning details, but when it’s the removal of a defense counsel surely you do everything in open court to show the defendant is getting a fair trial.

Rozzi didn’t want his removal to occur in open court, referred to that as public shaming. So much for his belief in transparency of the courts.

 

[Bergmann]

The judge was well within her rights to remove counsel based on what we know

Then all she had to do was follow due process.

She can kiss her Supreme Court dreams goodbye.

 

[mrjitty]

It's strange to me how this public statement doesn't really match up with the order on the docket dated the same day. Here she says that she expects Mr. Rozzi to submit a written motion to withdraw in the next couple of days. She doesn't say he has already withdrawn. But she somehow issued an order that same day removing him from the case anyway?

I think Baldwin deserved to be removed from the case. It's a lot less clear with Rozzi IMO. He doesn't share an office or a firm with Baldwin as far as I know, they're just co-counsel. None of the leaks came from his office. There's been no mention of any evidence indicating he was aware of or involved in them.

If you're going to remove him anyway, do it the right way. Give him notice, let him know what the cause for removal is and argue against it, have a hearing on the record. Generate a real record for appeal. Doing it this way is just a total mess.

Right??

How did she make that statement when she already ordered Rozzi removed?

And how on earth can she order him removed without any process?

Judge Gull needs to recuse IMO. Even if this is all found to be legit the appearance is really poor IMO.

 

[Emma Peel]

R claimed the judge forced his withdrawal prior to the hearing so what does it matter if he followed it up in writing or not?

Effective October 19/23 he was gone.

Judge grants 2 new court-appointed attorneys for Richard Allen, dismisses filings from former attorney

The trial for the suspect in the Delphi murders case was expected to start Jan. 8, 2024.

www.wthr.com

“DELPHI, Ind. — One of the two attorneys who represented Delphi murders suspect Richard Allen is claiming the judge forced their withdrawal prior to a hearing in Allen County.

An order by Judge Frances Gull was entered into record Oct. 19 — after the hearing — in which she ordered defense attorneys Bradley Rozzi and Anthony Baldwin withdrawn from the case. She then ordered the clerk to remove them as attorneys of record in the case.”

Effective October 19/23 he was gone.

or ... was he?

Rozzi's filings yesterday suggest he did agreed to "put something in writing" on the 19th, but that "something" he agreed to put in writing ... was NOT a withdrawal
It was a motion.

moo moo

 

[mrjitty]

Then all she had to do was follow due process.

She can kiss her Supreme Court dreams goodbye.

Agreed. It had to happen in a hearing. It’s beyond bizarre that she says they withdrew yet the docket shows she ordered them removed.

 

[MistyWaters]

Hmm, anyone want to take a guess what this was about?

Defense team chosen in Delphi murders case; judge issues decorum order for next hearing

ALLEN COUNTY, Ind. — Two attorneys have been appointed to defend Richard Allen on two counts of murder in the killings of Abby Williams and Libby German outside of Delphi in 2017. On Friday, the Ca…

fox59.com

“…..While Gull has still not made a decision on all future court proceedings, the court on Friday did deny all requests from media to film at the next scheduled hearing on Oct. 31. This, the court said, was due to “unauthorized filming and broadcasting of pre-hearing activities” last week….”

 

[mrjitty]

If Rozzi thinks the transcript proves him correct he should appeal this for the record and the judge could face consequences

But he has to accept he is off the case now.

It doesn’t help the defendant for this to go on and he isn’t going to be reinstated unless he makes an emergency appeal. And I can’t see a higher court undoing this, even if Gull acted improperly.

Gull also needs to immediately recuse for the same reasons.

 

[mrjitty]

I wouldn’t mind betting there is no transcript of the in chambers conference and that is why Rozzi is asking for it.

 

[FrostedGlass]

Some judges can't recuse themselves fast enough, others can't be pried off their bench with a crowbar. I'd be surprised if JG went easily.

As a side note, I see RA's new atty (now I'm always gonna want to type screamin) just began a new murder case in Allen Sup 5. He has his work cut out for him. I hope the other atty can step up.

 

[FrostedGlass]

Hmm, anyone want to take a guess what this was about?

Defense team chosen in Delphi murders case; judge issues decorum order for next hearing

ALLEN COUNTY, Ind. — Two attorneys have been appointed to defend Richard Allen on two counts of murder in the killings of Abby Williams and Libby German outside of Delphi in 2017. On Friday, the Ca…

fox59.com

“…..While Gull has still not made a decision on all future court proceedings, the court on Friday did deny all requests from media to film at the next scheduled hearing on Oct. 31. This, the court said, was due to “unauthorized filming and broadcasting of pre-hearing activities” last week….”

I bet those named are not too pleased.

10/27/2023

Order Issued The Court has received requests for media coverage of the October 31, 2023, 9:00 a.m. hearing from the following media outlets: NewsNation, Law and Crime, Court TV, and Channel 13 WTHR. In light of the unauthorized filming and broadcasting of pre-hearing activities in the Courtroom on October 19, 2023, the Court denies these requests in full.